BIL 082 Draft 04 2022-2024 - Laserfiche WebLink

Home

in Hawai`i County that are open to the general public and necessary for public transportation or public safety, or both. The council further finds that the public interest of the County is served by performing such improvement, grading, repair or construction work upon such roads, in limited circumstances. Any such work undertaken by the County pursuant to this article shall not be construed as evidence of intention by the County to dedicate or condemn any subject road to the public use, take control over the subject road, nor obligate the County to improve, grade, repair, or do construction work upon the subject road in the future. Section 14-26-2. Definitions. As used in this article, unless it is apparent from the context that a different meaning is intended: "County" means the County of Hawai`i. "Department"means the department of public works of the County of Hawai`i. "Director" means the director of the department of public works of the County of Hawai`i or the director's duly authorized representative. "Private, nondedicated, and non-surrendered roads" or"subject roads" means streets, roads, highways, ways, or lanes used for purposes of vehicular traffic that are owned, in whole or in part, by persons other than governmental entities and which have not been dedicated or surrendered to the County in accordance with section 264-1(c)(1) and (2), Hawai`i Revised Statutes. "Requester"means: (1) The representative body authorized to make legal decisions about a private, nondedicated, and non-surrendered road on behalf of the owners of the subject road as to the: use, improvement, repair, and maintenance of the road; sign agreements with respect thereto; and bind all other persons having rights in or to such road or other property or; (2) In the absence of a representative body, persons collectively owning a sixty percent or greater interest in the fee title or an appropriate roadway easement in a private, nondedicated, and non-surrendered road, and who have delegated authority to one or more of the owners to act on behalf of the ownership. "Speed hump" means a gentle rise in the profile of the road that is used to regulate the speed of a vehicle. Section 14-26-3. Powers and duties of director. Upon request and subject to the availability of appropriations and necessary resources, the director may improve, grade, repair, or do construction work upon portions of private, nondedicated, and non-surrendered roads that have been determined by the director, in the director's discretion, to meet the criteria set forth in this article. 2